Change in company while I-140 is approved.

[amitmayekar]

Dear All:

I request advice on my case below:

I-140 Approved in EB2: March 01, 2011
H1 Valid Up to: October 2011 (6 Years completion)

1. Company (A) filed for my I-140 EB2. Can I transfer my H1 from company (A) to Company (B) when only 6 months are left for H1 to complete 6 years?

2. What would be the new H1 validity?
a. October 2011 (6 year) OR
b. October 2012 (6 + 1 year) OR
c. October 2014 (6 + 3 years)

3. From where my new company (B) can start my Green Card process?
a. New company (B) has to file for my Labor again OR
b. New company (B) can directly file new I-140 OR
c. Both Labor and I-140 approved from company (A) are good to continue for GC in company (B)

4. If it required filing the Labor again then how many months prior to 6 years of H1 expiry my new company needs to file the labor? My H1 6th year is getting completed on October 2011.

5. If it required filing directly the I-140 again then how many months prior to 6years of H1 expiry my new company needs to file the I-140? My H1 6th year is getting completed on October 2011.

Your answers on all above questions are appreciated.

Regards
Amit Mayekar

[txh1b]

2. (a) or (C). If A withdraws 140, you are screwed and will be A. If A still has valid 140, you get 3 years extension.
3. A
4. If you get a 3 year extension, you are good. They need to file immediately for your own benefit.
5. Not possible.

[amitmayekar]

Change in company while I-140 is approved.

Thanks for the prompt reply.

I have 3 more questions in continuation of same subject:

1) Please let me know if I am correct in understating your answer given for question number 2 that was asked on Friday:
If company (A) withdraws I-140 then I will get visa transfer to new company (B) only up to 6 year validity (October 2011). But if company (A) dose not withdraw my I-140 then I will get visa transfer to new company (B) for (6+3) years i.e. up to October 2014. I am correct?

2) If company (A) withdraws I-140 after my H1 is successfully transferred to company (B), am I good to re-apply labor through new company (B) immediately?

3) In general after receiving I-140 approval, I need wait for priority date to become current and nothing is required to file until than. Is that correct?

Your answer on all the questions above would be appreciated.

Regards
Amit Mayekar

[Tinns]

Change in company while I-140 is approved.

Dear txh1b,

Can you explain how does he screwed if the original employer revokes the already approved I-140 unless there was a fraud or misrepresentation of any kind? And why would any employer normally keep a GC file of an employee in process when the employee has already resigned?

In all cases, if he changes his job, he will get a 3 yrs extension on his H1B. I mean he still gets to keep his Priority Date intact. That is my understanding. I had the same question and I may be wrong and if that is so, please correct me.

Thanks,
T

[Tinns]

See page 27 of this link

http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf

refer to page 27, It says:

"....In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest)"....